In February of 2019, 43 Mexican migrant workers who were survivors of labour trafficking were freed when the Ontario Provincial Police and the Canada Border Services Agency conducted a raid in Barrie and Wasaga Beach. Emergency orders take effect immediately and apply to all settings under a single registration. The list is not exhaustive, but some of the factors we may take into account are as follows. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. The EYFS, which is produced by the Department for Education (DfE), includes requirements for the provision of young children's safeguarding and welfare, and their learning and development, which all providers on the Early Years Register must meet. When a young person is unable to take decisions regarding confidentiality, either because of lack of maturity or because of the seriousness of a mental illness or learning disability, then the child's parents or those with parental rights and responsibilities will need to be informed and consulted as necessary to help them to make any decisions where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? Any photos taken with an Ofsted mobile phone, computer or tablet will be deleted from these devices once they have been transferred to our systems. Unit 2.3 Health and Safety Legislations - Revise Easy For example, we could be trying to contact them to arrange an inspection or confirm they are caring for children, or because we want to talk to them about their registration. At the same time, EYPs The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. Disposition definition, the predominant or prevailing tendency of one's spirits; natural mental and emotional outlook or mood; characteristic attitude: I'd like to thank the general manager for his hospitality, kindness, and always cheerful disposition. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. The relevant criminal offences are listed in Annex B. We may specify the extent to which we agree to waive a disqualification. The purpose of this legislation is to provide guidelines to safeguard young children, deterring them from being drawn into terrorism. The decision to prosecute and the way in which we pursue a prosecution will vary, depending on the offence and any actions that we must take first. The purpose of this policy is to ensure the safety of children and colleagues within the nursery, in the event of an emergency which may result in evacuation. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. Death or illness of, or serious accident or injury to, an adult on the premises. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. Legislations are important throughout any work environment and society as without them we are not protected from hazards and promoting safety in the workplace. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. Outline current legislation, guidelines, policies and procedures It is not an offence for a provider registered on the voluntary part of the Childcare Register to continue to provide care for children while suspended, because registration is not compulsory. The types of enforcement actions we can take against providers breaching the requirements of the Childcare Register include: We will consider enforcement action where appropriate, including for those providers that are registered only on the voluntary part of the Childcare Register (and whose activities do not require registration). This section applies to providers registered as childminder agencies. Specific legislation/guidance is as follows: This section covers the action we take when we receive information that may suggest that: We may receive information from a variety of sources, including from: Ofsted will gather any personal information that is necessary for us to fulfil our regulatory role. Well send you a link to a feedback form. contact the person (or registered person for childcare being provided on unapproved premises) for a description of the service that they are providing or are alleged to be providing, carry out a visit to assess whether registration is required, refer the information to the local authority or the police, if it suggests there are child protection concerns, decide, from information we have received about the service provided, that the person does not need to register with us and confirm this in writing, serve an enforcement notice if it appears a person is acting as a childminder without being registered, issue a warning letter (sending a warning letter does not mean that we will not also seek to prosecute where evidence meets the test for prosecution), begin a criminal investigation, which may include an interview under the PACE Act, prosecute the person for committing an offence, acting as a childminder while not registered and an enforcement notice is in effect, without reasonable excuse (under sections 33(7) and 52(7)), providing, without reasonable excuse, early or later years provision (except childminding) while not registered, without reasonable excuse (under sections 34(5) and 53(5)), failing, without reasonable excuse, to comply with any condition imposed on registration (under sections 38(5), 58(5) and 66(5)), acting as a childminder or providing childcare, without reasonable excuse, while registration is suspended (under section 69(9)); this does not apply to the voluntary part of the Childcare Register or to childminding/childcare activities that are exempt from registration, providing early or later years provision or being directly involved in the management of early years or later years provision while disqualified (under section 76(4)); this does not apply if disqualification is only by virtue of the provider living in the same household as a disqualified person or if a disqualified person is employed and the provider can prove that they did not know and had no reasonable grounds for knowing that they were living in such a household (under section 76(5))*, employing, in connection with the provision of early or later years provision, a person who is disqualified by the regulations (under section 76(4)); this does not apply if the provider can prove that they did not know and had no reasonable grounds for believing that the person was disqualified (under section 76(6))*, intentionally obstructing a duly authorised person exercising any power under section 77 (such as rights of entry, rights to inspect documents or rights to interview) (under section 77(8)), knowingly making a statement that is false or misleading in a material particular in an application for registration (under section 85(1)); this applies to all registers including the voluntary part of the Childcare Register, providing childcare provision other than on approved premises (offence under section 85A), Regulation 7(1) not to use corporal punishment and, so far as is reasonably practicable, to ensure that corporal punishment is not used on the child by any person who cares for or is in regular contact with children or any person living or working on the premises, Regulation 8 to notify of events specified in the schedule within the prescribed time, Regulation 10(2) failure to comply with a welfare notice within the specified period, failing to comply with a condition of registration (sections 51C(4) and 61D(4)), falsely representing that the person is a childminder agency (sections 51f and 61g), registering a childminder who is disqualified (section 76(4)), running or being involved in the management of a childminder agency, or working for an agency in a capacity that involves entering a childminders home while disqualified (section 76B(3)), employing a person in a childminder agency who is disqualified (if that role involves being directly concerned in the management of the agency or entering a childminders home) (section 76B(3)), intentionally obstructing a person carrying out their statutory duties (section 78A(8)), knowingly making a false or misleading statement in applying to register as an agency (section 85(2)), use the Print this page button under the Contents menu, right-click or secondary click on the page and choose Print in the menu. This means that childminders registered with the agency are still able to operate. They will also update the published outcome summary to show whether the WRN actions have been met. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, if we have already served the provider with an NOI to cancel registration, we will not remove the provider from the register unless we have decided not to pursue cancellation. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. If the offence involves carrying on a provision while not registered, we also inform the person that if they wish to operate provision that requires registration, they must apply for registration. Disposition Definition & Meaning | Dictionary.com The DBS is responsible for deciding whether to include a person on a barred list. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. Confidential information must not be shared outside of the setting E. G family or friends. Health means physical or mental health. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. The registered person will also need to consider whether they need to take any further action regarding the staff member or their role with the setting. However, we will not consider the convictions and cautions to be spent in relation to the suitability of a person if they are directly providing, involved in the management of, or employed in connection with childcare. We will not impose a condition that conflicts with the legal requirements. Brisbane Prison, Boggo Road Gaol, c.1988 Dept no 0469 | Flickr In these instances, we also write to the provider giving them the information and asking them to take appropriate action. Where a registered person or body is convicted of an offence that we have prosecuted, we will consider any conviction in determining their ongoing suitability for registration. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom later years provision is being or may be provided, is suffering or is likely to suffer significant harm, we may apply to the family proceedings court for an order to: A registered provider may give notice to Ofsted for removal from the register under section 70 of the Childcare Act 2006. Policies and procedures help and guide all staff working in the setting. Providers may choose to use webcams and closed-circuit television (CCTV) to allow parents to see children and to allow managers to monitor staff and children. Support Children And Young Peoples Health And Safety Review - Phdessay We will work closely with the local authority and the police when there is a section 47 investigation. 6. If we decide to lift the suspension, we will inform the registered person. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. Inspectors will not include identifiable staff or children in any photographs they take. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. Research has found that raising the retirement age to 70 would cut monthly Social Security payments for early retirees by about 15 percent. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. For providers registered on the compulsory parts of the Childcare Register, if we have already served the provider with an NOI to cancel registration, we will not remove the provider from the register unless we have decided not to pursue cancellation. The Tribunal must consent to the withdrawal. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. 1.4: explain how health and safety is monitored and maintained in an early years setting The health and safety of the children in my setting is monitored through what we call tracking forms. Policy and procedure guidelines. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. Learning outcome: 1. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. Legislation & Policies That Surround Safeguarding Children At strategy meetings, we support robust and timely steps to protect children and promote their welfare. We challenge decisions that we believe will not do this. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. When actions are set following regulatory activity, then the provider must notify us by email (or by letter if email is not possible), within the specified timescale, about the action that they have taken to meet the requirements. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers. Under The Data Protection Act 1998, if you use CCTV on your premises you have a legal requirement to provide adequate signage stating that it is in operation. Suspension would apply to their non-domestic premises too. Sexual orientation. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. We may consider these further if a provider reapplies for registration. The latest Arizona headlines, breaking news, in-depth investigations, politics, and local community stories that matter to you. Local authority childrens services may decide to investigate the concern under section 47 of the Children Act 1989, or the police may decide to make enquiries as to whether an offence has occurred. Since September 2014, all funded early years settings must have regard for the new Code of Practice, which sets out the provision of the new Act. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. We will not be involved directly in these investigations.